May 3, 2013

Gov. Rick Snyder

Written by

Detroit Free Press Lansing Bureau

LANSING — More than three months after Gov. Rick Snyder asked for it, the Michigan Supreme Court is still mulling whether to give him an advisory opinion on whether Michigan’s controversial right-to-work law applies to state employees.

In an order released Friday, the court asked Solicitor General John Bursch to weigh in on whether the opinion should be issued.

The justices asked Bursch to comment on why the opinion is necessary in advance of contract negotiations scheduled to take place with state employees this fall; why the question shouldn’t instead go to the Michigan Court of Appeals; whether the court’s intervention now might cause “confusion and delay” rather than clarifying matters, and how a state court advisory opinion on a federal equal protection question could be helpful, since state rulings on federal constitutional issues are not binding on federal courts.

“The request by the governor for an advisory opinion remains pending,” the court said.

Justice Stephen Markman dissented, saying the court should issue an advisory opinion promptly and it doesn’t need to hear from Bursch.

“I would grant without further delay the governor’s request,” Markman said.

In a separate dissent, Justice Michael Cavanagh said the court can decide whether to issue an opinion without hearing from Bursch. Unlike Markman, Cavanagh did not say whether he thinks the court should issue an opinion.

Right-to-work laws make it illegal to require financial support of a union as a condition of employment. The Legislature rapidly passed legislation and Snyder signed it in December, amid large Capitol protests.

State employee unions argue that the law does not apply to them because the state constitution gives the Michigan Civil Service Commission exclusive jurisdiction over the terms of their employment.